My Spouse Refuses to Divorce Me. What Do I Do?

 Posted on February 02, 2022 in Divorce

The decision to end a marriage can be both emotionally and physically taxing. Between child custody, property division, and spousal support, divorce orders can be very complicated. But what happens when a spouse contests a divorce? In a contested divorce, complications increase and conflicts tend to escalate. If your spouse and you disagree about how to handle divorce issues like asset division and child concerns, reach out to an experienced divorce attorney for help exploring your next options. 

What is a Contested Divorce?

In the state of Illinois, a contested divorce is defined as any disagreement or unwillingness during the divorce process. This can include:

• Refusal to agree to divorce

• Disagreement on property division

• Disagreement on debt division 

• Disagreement on child custody including the allocation of parental responsibilities and parenting time

• Disagreement on spousal support , also called spousal maintenance 

Even if your spouse contests the divorce or divorce agreement you’ve laid out, they can not prevent you from receiving a divorce. The process of navigating a contested divorce is much more difficult, both emotionally and legally, but it is not impossible. It is critical to hire a divorce attorney you can rely on and trust to begin the stages of mediation, dispute resolution or potential litigation if your spouse is refusing to cooperate during divorce. 

Ordering Mediation and Dispute Resolution 

There are two main ways that a contested divorce can be resolved: mediation and litigation. Litigation is the last resort when dealing with a difficult divorce. Most judges and attorneys will first encourage mediation.

If you and your spouse are able to meet amicably and discuss the elements of the divorce that are contested, a mediator may be able to help you resolve the issues. This type of dispute resolution is often difficult in contested divorce agreements. When tension and emotions are running high, a mediator may not be able to assist in coming to a mutual agreement. In this case, your attorney may then recommend litigation.

Divorce Litigation in Naperville

If a mediator was not about to help you and your spouse come to a decision on your divorce agreement, litigation may be necessary. Your attorney can help you gather the information needed to present your case for your divorce agreement and allow a judge to make the final decision. Contested divorces that require litigation are typically much more expensive but may be necessary in highly emotional cases. Often, spouses reach a settlement before a case goes to trial in a litigated divorce. 

Allow a Naperville Divorce Attorney Help You

A divorce solved in court can add more stress to an already troubling situation. However, it is often a last resort solution for spouses contesting a divorce. At Law Office of Ronald L. Hendrix, P.C., our skillful Naperville divorce attorney may be able to help if you are unable to agree with your spouse on a divorce. Call our office at 630-355-7776 for a free consultation to determine your next steps. 

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086